Have you recently succeeded in a claim of fraud or conversion in West Palm Beach civil court? Has the court ordered that the property is subject to a constructive trust? Do you know what that means? Experienced West Palm Beach probate litigators know a constructive trust is not actually a trust. Do you know what it is?
Constructive Trusts Generally
- Rather than an actual trust, a constructive trust is a flexible equitable remedy to prevent unjust enrichment by a party in West Palm Beach.
- They can result from a variety of improper conduct including but not limited to fraud, undue influence, duress, or breach of fiduciary duty.
- The constructive trust’s trustee is thus actually the person who perpetrated the unjust actions!
- Rest assured though that the trustee’s only duty is to convey the property to you the rightful owner.
- In West Palm Beach in order to get a constructive trust a party must prove entitlement to the property by clear and convincing evidence.
- What are some examples where the Court may imply a constructive trust.
When a Court Will Create a Constructive Trust
- Courts may imply a constructive trust when there has been a theft or conversion.
- Fraud and duress that created a transfer of property may also create a situation where a constructive trust is proper.
- Another common example is when a party inherits property after causing a homicide.
Times When a Construct Trust is Improper
- There is a general rule in West Palm Beach that generally mere breach of a promise will not create a constructive trust.
- But like any rule in Court there are exceptions.
- For example a fraudulent promise that I never intended to keep in the above example would likely create a constructive trust.
- Also breach of a promise when there is a confidential relationship will result in a constructive trust.
- Another common example is when a decedent promises to pay someone in their will for services rendered prior to death.
- Remember if you want a constructive trust imposed by the West Palm Beach probate court you will have to prove clear and convincing evidence.